March 2014 – Page 7 – Current Awareness

Deprivation of Liberty Defined by the Supreme Court: a difference of views concerning deprivation of liberty of disabled persons – Garden Court Chambers Blog

Posted March 20th, 2014 in deprivation of liberty safeguards, disabled persons, housing, news, Supreme Court by tracey

‘Tim Baldwin comments on today’s Supreme Court judgment regarding the deprivation of liberty of people with disabilities.

This note concerns the case of P (by his litigation friend the Official Solicitor) (Appellant) v Cheshire West and Chester Council and another (Respondents); P and Q (by their litigation friend, the Official Solicitor)(Appellants) v Surrey County Council (Respondent) [2014] UKSC 19 handed down on the 19 March 2014.’

Full story

Garden Court Chambers Blog, 19th March 2014

Source: www.gclaw.wordpress.com

Information held in electronic databases not property which can be possessed, rules UK court – OUT-LAW.com

Posted March 20th, 2014 in appeals, computer programs, data protection, news, publishing by tracey

‘Information stored electronically does not constitute property which someone can exercise possession of, judges in the UK have ruled.’

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OUT-LAW.com, 20th March 2014

Source: www.out-law.com

Recent Statutory Instruments – legislation.gov.uk

Posted March 20th, 2014 in legislation by tracey

The Hydrocarbon Oil Duties (Reliefs for Electricity Generation) (Amendments for Carbon Price Support) Regulations 2014

The Landfill Tax (Amendment) Regulations 2014

The Value Added Tax (Increase of Registration Limits) Order 2014

Her Majesty’s Chief Inspector of Education, Children’s Services and Skills (Fees and Frequency of Inspections) (Children’s Homes etc.) (Amendment) Regulations 2014

The Motor Vehicles (Driving Licences) (Amendment) Regulations 2014

The Occupational and Personal Pension Schemes (Automatic Enrolment) (Amendment) Regulations 2014

The Tuberculosis (England) (Amendment) Order 2014

The Export Control (Amendment) Order 2014

The Warm Home Discount (Amendment) Regulations 2014

Source: www.legislation.gov.uk

Griffiths v Secretary of State for Justice (Equality and Human Rights Commission intervening): Coll v Secretary of State for Justice (Equality and Human Rights Commission intervening) – WLR Daily

Posted March 20th, 2014 in law reports, prisons, release on licence, sex discrimination, women by tracey

Griffiths v Secretary of State for Justice (Equality and Human Rights Commission intervening): Coll v Secretary of State for Justice (Equality and Human Rights Commission intervening); [2013] EWHC 4077 (Admin); [2014] WLR (D) 136

‘The Secretary of State for Justice had not discriminated, directly or indirectly, in the performance of his functions of providing approved premises for women released from prison on licence.’

WLR daily 19th December 2013

Source: www.iclr.co.uk

Regina (Daws Hill Neighbourhood Forum and others) v Wycombe District Council – WLR Daily

Posted March 20th, 2014 in appeals, law reports, local government, planning by tracey

Regina (Daws Hill Neighbourhood Forum and others) v Wycombe District Council: [2014] EWCA Civ 228; [2014] WLR (D) 134

‘The power given to a local planning authority by section 61G(5) of the Town and Country Planning Act 1990, as inserted) to determine whether a specified area was “an appropriate area” to be designated as a neighbourhood area necessarily conferred on the authority a broad discretion. The purpose of such designation was to define the area within which a neighbourhood forum (outside the area of a parish council) was authorised to exercise certain planning powers: the making of a neighbourhood plan and/or a neighbourhood development order, so that determining appropriateness might require regard to be had to a wide range of planning considerations.’

WLR Daily, 6th March 2014

Source: www.iclr.co.uk

Warren v Care Fertility (Northampton) Ltd and another – WLR Daily

Posted March 20th, 2014 in assisted reproduction, consent, human tissue, law reports, time limits, widows by tracey

Warren v Care Fertility (Northampton) Ltd and another: [2014] EWHC 602 (Fam); [2014] WLR (D) 135

‘Pursuant to section 3 of the Human Rights Act 1998, regulation 4(3)(b) of the Human Fertilisation and Embryology (Statutory Storage Period for Embryos and Gametes) Regulations 2009 was required to be construed in a purposive way so as to ensure compatibility with rights under article 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms.’

WLR Daily, 6th March 2014

Source: www.iclr.co.uk

BAILII: Recent Decisions

Posted March 20th, 2014 in law reports by tracey

Supreme Court

P (by his litigation friend the Official Solicitor) v Cheshire West and Chester Council & Anor [2014] UKSC 19 (19 March 2014)

Court of Appeal (Civil Division)

Keyu & Ors v Secretary of State for Foreign & Commonwealth Affairs & Anor [2014] EWCA Civ 312 (19 March 2014)

Tan v Choy [2014] EWCA Civ 251 (19 March 2014)

HM Revenue and Customs v The Executors of Lord Howard of Henderskelfe [2014] EWCA Civ 278 (19 March 2014)

High Court (Chancery Division)

Apex Global Management Ltd & Anor v FI Call Ltd & Ors [2014] EWHC 779 (Ch) (19 March 2014)

High Court (Queen’s Bench Division)

Mensah (t/a 37 Days 3 Hours 9 Minutes Creative) v Darroch & Ors [2014] EWHC 692 (QB) (19 March 2014)

Source: www.bailii.org

Spiralling out of control: can Jackson reforms reign in family fees? – Halsbury’s Law Exchange

Posted March 20th, 2014 in civil procedure rules, costs, divorce, family courts, fees, news by tracey

‘Despite the strictures of the Family Proceedings Rules and subsequent practice directions, disproportionate costs still seem to arise on an all too common basis.’

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Halsbury’s Law Exchange, 19th March 2014

Source: www.halsburyslawexchange.co.uk

Bedale woman fined for Le Vell trial tweet – BBC News

Posted March 20th, 2014 in anonymity, costs, fines, internet, news, sexual offences, trials, victims by tracey

‘A woman who tweeted the identity of the alleged victim in the trial of Coronation Street’s Michael Le Vell has been fined.’

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BBC News, 20th 2014

Source: www.bbc.co.uk

Disabled girl ‘lost in the system’ by Birmingham City Council for four years – BBC News

Posted March 20th, 2014 in children, disabled persons, news, ombudsmen, reports, social services by tracey

‘Birmingham City Council “singularly failed” a disabled child “lost in the system” for more than four years, the Local Government Ombudsman has ruled.’

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BBC News, 20th March 2014

Source: www.bbc.co.uk

Disabled patients ‘have right to liberty’, Supreme Court rules – BBC News

Posted March 19th, 2014 in appeals, care homes, deprivation of liberty safeguards, disabled persons, human rights, learning difficulties, news, Supreme Court by tracey

‘Disabled people have the same right to “physical liberty” as others, one of the UK’s most senior judges has said. Lady Hale, deputy president of the Supreme Court, said the state had a duty to uphold that right and to cater for disabled people.’

Full story

BBC News, 19th March 2014

Source: www.bbc.co.uk

Paddy Power Oscar Pistorius ‘money back if he walks’ ad broke rules and brought UK advertising into disrepute, ASA finds – The Independent

Posted March 19th, 2014 in advertising, complaints, disabled persons, domestic violence, gambling, murder, news, ombudsmen, trials by tracey

‘A Paddy Power advert that offered a “money back if he walks” guarantee for betting on the Oscar Pistorius murder trial broke rules and brought the UK’s advertising industry into disrepute, the regulator has found.’

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The Independent, 19th March 2014

Source: www.independent.co.uk

Privacy groups raise complaint with ICO over cloud-stored data from hospital records – OUT-LAW.com

Posted March 19th, 2014 in data protection, hospitals, internet, medical records, news, ombudsmen, privacy by tracey

‘The UK’s Information Commissioner Office (ICO) has been asked to investigate whether privacy rules were breached when data collected from hospitals was uploaded to cloud servers operated by Google.’

Full story

OUT-LAW.com, 18th March 2014

Source: www.out-law.com

Why unelected judges should get our vote: reflections on Lord Neuberger’s Law Lecture – Halsbury’s Law Exchange

Posted March 19th, 2014 in EC law, elections, judiciary, news, parliament, rule of law by tracey

‘In his Cambridge Freshfield Lecture, Lord Neuberger gave a number of reasons, historical, geographical and emotional, for the view expressed in the Daily Mail and other newspapers that, “it is unacceptable for unelected judges to impose a diktat on a democratically elected parliament”. He said that this was a “peculiarly British” view, aimed particularly at the rulings on EU law by judges in Luxembourg and on human rights by judges in Strasbourg. But I am not going to write about that. No, what troubles me about Lord Neuberger’s citation from the Daily Mail is the complaint about rulings (diktats) being made by “unelected judges”.’

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Halsbury’s Law Exchange, 18th March 2014

Source: www.halsburyslawexchange.co.uk

“Premature” bid for RBS case budget only penalised with 50% costs award – Litigation Futures

Posted March 19th, 2014 in banking, budgets, costs, news by tracey

‘The action group that brought a premature application for budgeting in the RBS rights issue litigation will only pay half of the costs of the hearing at this stage, because “the basic proposition that a budgeting exercise would be appropriate may yet be vindicated”.’

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Litigation Futures, 18th March 2014

Source: www.litigationfutures.com